Case Note & Summary
The petitioner, Smt. Sahana K., wife of the respondent Santhosh S. Gowda, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 17.09.2025 passed by the VI Additional Principal Judge, Family Court, Bengaluru, in I.A. No.2/2023 in M.C. No.2153/2024. The wife had filed an application under Section 24 of the Hindu Marriage Act, 1955 seeking interim maintenance of Rs.50,000/- per month and litigation expenses of Rs.1,00,000/-. The Family Court, after hearing both parties, granted only Rs.5,000/- per month as interim maintenance and Rs.5,000/- as litigation expenses, which the wife contended was grossly inadequate. The husband opposed the application, claiming that the wife was earning Rs.5,000-6,000 per month from tailoring and that he had no income. The High Court, after considering the submissions, found that the Family Court had not properly assessed the husband's income, which the wife claimed was Rs.50,000/- per month from his business. The court noted that the husband had not produced any evidence to prove his income or lack thereof. The High Court held that the wife's income from tailoring cannot be a ground to deny adequate maintenance, and that the husband has a legal obligation to maintain his wife. The court set aside the impugned order and remanded the matter to the Family Court for fresh consideration, directing the husband to pay Rs.10,000/- per month as interim maintenance and Rs.10,000/- as litigation expenses pending disposal of the application. The petition was allowed in part.
Headnote
A) Family Law - Interim Maintenance - Section 24 of Hindu Marriage Act, 1955 - Quantum of Maintenance - The wife sought interim maintenance of Rs.50,000/- per month and litigation expenses of Rs.1,00,000/-. The Family Court granted only Rs.5,000/- per month and Rs.5,000/- as litigation expenses. The High Court held that the Family Court failed to consider the husband's income and capacity to pay, and that the wife's income from tailoring cannot be a ground to deny adequate maintenance. The court set aside the order and remanded the matter for fresh consideration, directing the husband to pay Rs.10,000/- per month as interim maintenance pending disposal of the application. (Paras 4-8) B) Family Law - Litigation Expenses - Section 24 of Hindu Marriage Act, 1955 - The Family Court granted only Rs.5,000/- as litigation expenses, which was held to be inadequate. The High Court directed the husband to pay Rs.10,000/- as litigation expenses, considering the nature of the proceedings and the wife's need for legal representation. (Para 8) C) Family Law - Interim Maintenance - Section 24 of Hindu Marriage Act, 1955 - Assessment of Income - The High Court observed that the Family Court did not properly assess the husband's income, which was claimed to be Rs.50,000/- per month from his business. The court held that the husband's income must be determined based on evidence, and the wife's income from tailoring (Rs.5,000-6,000 per month) does not absolve the husband of his obligation to maintain her. (Paras 5-7)
Issue of Consideration
Whether the Family Court was justified in granting interim maintenance of Rs.5,000/- per month and litigation expenses of Rs.5,000/- to the wife under Section 24 of the Hindu Marriage Act, 1955, without properly assessing the husband's income and the wife's needs.
Final Decision
The High Court allowed the writ petition in part. The impugned order dated 17.09.2025 was set aside. The matter was remanded to the Family Court for fresh consideration of I.A. No.2/2023. Pending disposal of the application, the husband was directed to pay Rs.10,000/- per month as interim maintenance and Rs.10,000/- as litigation expenses to the wife.
Law Points
- Interim maintenance under Section 24 of Hindu Marriage Act
- 1955 must be based on the husband's actual income and capacity to pay
- not merely on the wife's income
- the court must consider the standard of living of the parties and the wife's inability to maintain herself
- litigation expenses must be reasonable and commensurate with the proceedings.
